The electoral court has set aside the decision by the Electoral Commission of SA (IEC) to bar Jacob Zuma from running for parliament, in a decisive turn of events that paves the way for the former president to contest a seat in the National Assembly in the upcoming elections.
The order, handed down on Tuesday, came after the IEC endorsed objections to Zuma’s candidacy, citing his criminal record stemming from a 15-month jail term handed down by the Constitutional Court in 2021 for failure to comply with its order to appear before state capture hearings into high-level corruption during his presidency.
Section 47 of the constitution bars individuals sentenced to prison for longer than 12 months without the option of a fine from becoming MPs.
But uMkhonto weSizwe (MK) party, widely seen as an ANC splinter party with the backing of Zuma, appealed on Monday against the IEC’s decision to disqualify Zuma as one of the party’s candidates to parliament.
The electoral court granted leave to appeal on Tuesday and set aside the IEC ruling. No order was made regarding costs.
The ruling is a big win for MK, which has in Zuma a prominent figure with a significant following. He lends credibility and visibility to the party, which derives its name from the ANC’s paramilitary wing.
The court order and Zuma’s candidacy could mobilise ANC voters who remain loyal to him and are disillusioned with the party’s stewardship of one of the world’s most unequal societies.
The electoral court did not give reasons for its order.
Zuma’s legal team, which includes Dali Mpofu, argued that the IEC lacked the authority to enforce section 47 of the constitution, which regulates membership of the National Assembly, a power the team claimed resides with the National Assembly.
Their argument hinged on the nature of Zuma’s sentence. They contended that Zuma was not formally accused or charged by a criminal court and thus was not granted the “fair criminal rights” guaranteed by the constitution.
They argued that Zuma’s sentence was remitted by President Cyril Ramaphosa, rendering Zuma’s initial 15-month prison term immaterial.
Zuma began serving his sentence on July 8 2021, before being released on medical parole in September 2021. His release was set aside by the Constitutional Court.
Remission
In August 2023, Ramaphosa granted Zuma remission of sentence, in a gesture of mercy that reduced his sentence without annulling the conviction.
A remission is the forgiving, or cancellation, of a sentence, Mpofu argued.
The IEC called for detailed reasoning behind the ruling to decide what steps to take.
“The commission is taking legal advice on both matters and will chart a way forward based on such advice as well as reasoned judgments that it may receive, hopefully in the not too distant future,” it said in a statement.
Lawson Naidoo, executive secretary of the Council for the Advancement of the SA Constitution, said he was surprised by the decision.
“Section 47 is quite clear that anyone convicted and sentenced to a period of more than 12 months is ineligible to stand for parliament.
Popularity
“We will have to wait and see what the court’s reasoning is.”
Nelson Mandela University political analyst Prof Ntsikelelo Breakfast said the IEC legal representatives’ argument “was not convincing”.
The MK party was banking on Zuma because of his popularity, Breakfast said.
“This ruling will de-escalate potential threats in future. The MK party has previously said it would be their way or the highway.
“This ruling does pose questions about the IEC; some say the IEC was playing politics. But this [ruling] shows that our democracy is stronger [than before] and vibrant.”
Update: March 9 2024
This article has been updated with new information.
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